Case law

State v. Carter

64 N.J. 382 · Supreme Court of New Jersey · Mar 6, 1974

Perhaps most important is the establishment of psychiatric out-patient care. … Clearly, dangerousness by itself is not a sufficiently specific guide to the formulátion of conditional release standards.

State v. Bey

112 N.J. 123 · Supreme Court of New Jersey · Aug 2, 1988

The Court addressed the issue of the conviction-proneness of death-qualified juries by noting that “just as it was assumed in McCree that the studies were ‘both methodologically valid and adequate to establish that “death … Thus, the Singletary majority established no analytical framework for disposing of this issue.

State v. Parkhurst

9 N.J.L. 427 · Supreme Court of New Jersey · Feb 15, 1828

This I take to amount to a legislative determination, clearly declaring constitutional as well as legal rights and questions to be the proper subjects of judicial investigation and decision. … He was then content with it thus qualified; and the act of December 1, 1801, puts him in no worse condition.

State v. Anthony Sims, Jr. (085369) (Monmouth County & Statewide)

Supreme Court of New Jersey · Mar 16, 2022

would refuse to testify even if he were offered immunity. … According to the State, P.V. was clearly “unavailable” under N.J.R.E. 804(a)(2) because he invoked his Fifth Amendment rights and declined to testify despite an offer of immunity, and the requirements of N.J.R.E. 804(b

Lyons, Et Ux v. City of Camden

52 N.J. 89 · Supreme Court of New Jersey · Jun 6, 1968

The ultimate determination of a substandard condition followed application of extensive testing criteria established by the consultants to the critical or intermediate deficiencies found in each dwelling. … Clearly the basis upon which his deduction was made was insubstantial.

State v. Perry

124 N.J. 128 · Supreme Court of New Jersey · May 20, 1991

respect to both and have found that a lesser form of homicide had been established in the evidence. … The record so examined clearly indicates a rational basis to support a valid claim of self-defense, which should have been *194 charged to the jury.

State v. Anthony Sims, Jr. (085369) (Monmouth County & Statewide)

Supreme Court of New Jersey · Mar 16, 2022

would refuse to testify even if he were offered immunity. … According to the State, P.V. was clearly “unavailable” under N.J.R.E. 804(a)(2) because he invoked his Fifth Amendment rights and declined to testify despite an offer of immunity, and the requirements of N.J.R.E. 804(b

Parsell v. State

30 N.J.L. 530 · Supreme Court of New Jersey · Jun 15, 1863

Perhaps it was because, being better acquainted with the locality than strangers, they were better qualified to judge of' the necessity for the road, or it may have been because the laying of all roads imposed a burthen, … Clearly it would not.

New Jersey Division of Youth & Family Services v. E.P.

196 N.J. 88 · Supreme Court of New Jersey · Jul 14, 2008

The trial court found in this case that the Division established all four factors, warranting the termination of Emilia’s parental rights. B. … That statute then requires the Division to make efforts to identify and approve “a qualified family to adopt the child.” Ibid.

515 ASSOCIATES v. City of Newark

132 N.J. 180 · Supreme Court of New Jersey · May 13, 1993

Our sole function is to evaluate the City’s actions in light of the salient constitutional provisions and established precedent. With that focus established, we turn now to plaintiffs’ arguments. … Requiring off-duty police officers for those tasks is not clearly irrational.

Murphy v. Zink

136 N.J.L. 235 · Supreme Court of New Jersey · Jul 19, 1947

There are many statutory clauses and conditions for the retirement of public employees on pension and for the establishment and upkeep of pension funds. • The prosecutor asserts his right to be retired on pension pursuant … 1944 amendment, has created the basis for an argument that service with the state cannot be added to service with a county-or municipality so as to provide the necessary twenty years’ service that a veteran must have to qualify

Board of National Missions of Presbyterian Church in the United States v. Neeld

9 N.J. 349 · Supreme Court of New Jersey · May 5, 1952

The claims for exemption here asserted must therefore depend on the appellants qualifying as educational institutions within the intent and meaning of these words as used in the statute. … This idea was clearly stated by Chancellor Zabriskie in Keyport Steamboat Co. v. Farmers’ Transportation Co., 18 N. J.

Texter v. Department of Human Services

88 N.J. 376 · Supreme Court of New Jersey · Mar 18, 1982

To participate in the Kerr-Mills program, New Jersey established MAA in 1962. L. 1962, c. 222. … To effectuate this policy, the Legislature established a Division on *388 Aging, N.J.S.A. 26:1A-107 (Supp. 1981), and authorized the counties to establish an Office on Aging. N.J.S.A. 40:23-6.39 (Supp. 1981).

Canada Dry Ginger Ale, Inc. v. F & a Distributing Co.

28 N.J. 444 · Supreme Court of New Jersey · Dec 15, 1958

The issue being the same in each case, the hearer consolidated the three petitions by consent and after a hearing filed a single report in which he concluded that the petitioners had established that the action of Canada … It further contends that there was no proof that the petitioners were better qualified than the five wholesalers who were retained.

State v. Hupka

203 N.J. 222 · Supreme Court of New Jersey · Aug 3, 2010

We clearly recognize that at a disqualification hearing the facts to show that an offense is one that touches or involves a public position may have to come from *242 outside the conviction. … To the contrary, our holding today recognizes that Moore, as qualified and limited by McCann, has continuing viability.

Abouzaid v. Mansard Gardens Associates, LLC

207 N.J. 67 · Supreme Court of New Jersey · Jun 21, 2011

The appellate panel also concluded that Whitcomb’s claims qualified as “bodily injury” under the policy. Ibid. … Co., 719 F.2d 116, 119 (5th Cir.1983) ("When the alleged cause of action is neither clearly without nor clearly within coverage, the insurer is obligated to defend if there is, potentially, a cause under the complaint within

Vc v. Mjb

163 N.J. 200 · Supreme Court of New Jersey · Apr 6, 2000

Without such a requirement, a paid nanny or babysitter could theoretically qualify for parental status. … Indeed, "[t]he denial of visitation rights is such an extraordinary proscription that it should be invoked only in those exceptional cases where it clearly and convincingly appears *555 that the granting of visitation will

Borough of Glassboro v. Gloucester County Board

100 N.J. 134 · Supreme Court of New Jersey · Jul 10, 1985

In order to protect the public health, safety, and welfare, the Act establishes the policy of New Jersey to provide a coordinated approach to solid waste disposal by establishing 22 solid waste management districts (consisting … Even if the effect could be characterized as more than incidental, the burden falling on Philadelphia would not be “clearly excessive.” Pike v.

Loigman v. Kimmelman

102 N.J. 98 · Supreme Court of New Jersey · Feb 25, 1986

In view of the fact that plaintiff alleged a common-law right of inspection that was not clearly asserted in the trial court, the Appellate Division concluded that the claim should be first decided by the trial judge. … On the other hand, when the public interest in confidentiality is greater, the citizen’s right of access is qualified. In Casey v.

Moriarty v. Bradt

177 N.J. 84 · Supreme Court of New Jersey · Jul 14, 2003

Our prior jurisprudence establishes clearly that the only state interest warranting the invocation of the State's parens patriae jurisdiction to overcome the presumption in favor of a parent's decision and to force grandparent … Although a grandparent could qualify as a psychological parent if he or she had functioned as a parent, that is not the case here.